Harendra de Silva: Statement by the National Child Protection Authority of Sri Lanka

Professor de Silva, chairman of the National Child Protection Authority of Sri Lanka, responds to the Herald's coverage of the treatment by Sri Lankan authorities of a sexually abused girl expelled from New Zealand last month. His statement is reproduced unedited.

The NCPA is disturbed by the distorted and damaging news items appearing in the media in New Zealand in relation to the repatriated Sri Lankan girl and the grandmother. From the quotes in the newspapers it is obvious that some if not all of this misleading and unethical news appear to be sourced by the lawyers appearing for the two Sri Lankans who were deported. The grandmother whose only intention is to get back to New Zealand may be the original source of these distortions. However these purposely distorted picture of Sri Lanka and our child protection system is damaging to us. It Is also possible that third parties interested in damaging the image of Sri Lanka may fund this whole process, because we are at a loss to understand the source of such huge funding needed for such an operation. I usually do not respond to wild allegations, since I have more important things to do. However, in the interest of the NCPA and Sri Lanka I am forced to answer these damaging allegations.

The work of NCPA has been applauded not only in the Region but also the world. My work as the Chairman has also been appreciated by regional bodies and Worldwide. I was awarded the "Outstanding Asian Paediatrician" award at the Asian Congress of Paediatrics in November 2003, and the Senior Ashoka Fellowship by the Ashoka Foundation of Washington in 2003 for the outstanding work against child abuse including the pioneering work against the use of child soldiers in Sri Lanka.

First I want to make a few points clear.

1. Once the girl has alleged that she has been raped in Sri Lanka, it would be mandatory for the legal system to investigate such an allegation since it is a penal (criminal) offence not only against the victim but also against society. If the victim wants she may not appear in court. However, the Sri Lankan authorities cannot allow a rapist to roam about since he is a potential abuser as well.

2. Under Sri Lankan law the identity of a victim of sexual abuse cannot be divulged since it would stigmatize the girl in whatever community she lives. (Stigma is not confined to developing countries only). The punishment would include a jail sentence of 2 years to the journalist if found guilty. On this count, the New Zealand TV crew that visited Sri Lanka divulged not only her name but also pictures. Although The NZ press has tried to make out that Sri Lanka is a 'primitive' country, this will illustrate how sensitive we are to the issue of child abuse. Sensationalism is a strategy used by the media to sell their products. I understand that they also have to live. However sensationalism at the expense of an allegedly raped girl for commercial gain is primitive behaviour. I hope there is legislation in New Zealand to make unethical promoters of secondary victimization of victims of abuse, accountable.

3. The problem of sexual abuse is universal. The incidence of sexual abuse of girls in the West is as high as or higher than in Sri Lanka. I hope somebody brings to light the incidence of sexual abuse in N. Zealand. However, it should not justify the offence but authorities to act to reduce its incidence. It is primitive for media persons to sling mud at another community with false accusations, while not looking at their own house for undue commercial advantage.

4. The Newspapers also have given an impression that no woman is safe in Sri Lanka and that their fathers rape most girls. The TV interview of a N.G.O person in Sri Lanka who is not an authority on the subject may give false impressions. Smart editing of a recorded interview could also distort the actual meaning of an interview.

Specific replies to comments in the New Zealand Herald on the 4th of March 2004.

I must point out that the NZ Herald report is totally un-professional since the allegations brought against me, my organization and the country were all third person statements, which would not be acceptable by any civilized society.

The child was given the option for the examination and consented to the examination. The grandmother subsequently said she had her periods and was told by us that they could come on another day. However, they (grandmother and youth) subsequently said the examination could go ahead. This was done because the NCPA had no document about this from New Zealand Authorities and since the girl made a statement of abuse, it was necessary to confirm the injuries. The statement of the girl, accused her uncles who have to be brought to justice. It is totally false to state the Sri Lankan authorities are "embarrassed by their failure to protect her in the first place", because it has not been brought to the notice of the authorities. I must emphasize that child abuse is like an 'iceberg' in whatever country and in a MAJORITY of cases it never is reported including in New Zealand.

Either the grandmother or the NZ Herald report regarding the examination is TOTALLY FALSE since:

The grandmother has signed the form giving consent for examination, and it was clearly informed that any evidence revealed could be used in a court of law, which is standard procedure and is not 'outdated' as apparently remarked by Ms. Cunningham. It could be that she is smarting from the telephone conversation with me and my comment "do not interfere with the criminal justice system of Sri Lanka". The comment by her about "stripping of the girls dignity ….." is probably for the benefit of the gallery audience since this is a procedure used all over the world. I could prove that the grandmother signed the consent form.

The report that 2 men examined her is also a distortion for the sensationalism of the New Zealand audience for sympathy. Ms. Cunningham is surely a fantastic dramatist more than a lawyer, which may work in some courtrooms. There is only one female forensic doctor in Sri Lanka and it would be impossible for her to cater to all the women in Sri Lanka. I would categorically ask the question whether male doctors in New Zealand do not do forensic examination? Most of the experts in the Western world on examination of sexual abuse of girls are MEN. It may be interpreted as 'primitive' if there were female doctors to examine all the females and vice versa as in some countries with extreme religious views. The report does not state that there was a female nurse inside the examination room right throughout the process. I think it is shameful for lawyers and reporters to behave like this!

I interviewed the grandmother and the youth for about 2 hours and was sensitive to the feelings of both. However, I categorically made it clear at the beginning of the interview that my mandate was NOT to facilitate them to go back to New Zealand. I also understand that they were interviewed for 12 hours in New Zealand, which has not been commented on.

The female official who spoke to the grandmother was our legal officer. She is a qualified lawyer who knows her ethics and obligations, and not a "commercial" lawyer who lies and distorts the truth for financial gain. I inquired from her today and she totally denied this allegation. She is also surprised by the grandmother's statement, because on a subsequent day, the grandmother had spoken to her for a personal favour to advise and facilitate getting a passport for herself to replace the passport she destroyed when she entered N. Zealand. I am referring to this, since this is a known fact.

I do have an intercom in my room and I called the office peon. I am lost to understand how the grandmother can come up with such a distorted claim that people were listening. This is a totally false allegation with probably sensationalism and sympathy as the bottom line objective.

The NZ Herald also quotes Lindsay Freer who herself is quoting the nuns in Sri Lanka that the girl was subjected to "a pretty ghastly medical examination". I asked the nuns who have totally denied this statement. In fact the nun said, "Professor, how can I say that when I was not there". I can produce documentary evidence to this and I am not making statements without facts (unlike the press in NZ and the lawyers)

What the grandmother, the lawyers and the press have not said is the fact that the youth has had a session with the psychologist and is due for further therapy. When Ms. Cunnigham states that the Sri Lankan system is "behind a quarter of a century", what authority or expertise has she to assess a protection system? Childhood sexual abuse came to the attention of professionals as a major social/criminal problem only in the mid eighties and 25 years ago the West and N. Zealand professionals were hardly aware of the problem, which clearly demonstrates Ms. Cunningham's ignorance of the subject she pretends to be and expert.

However, all I can see is that persons, including the grandmother, lawyers and the some sections of the media are exploiting this child's situation for their own benefit. What is happening is damaging the young woman more and more in terms of stigma and psychological trauma. She is being pressurized by the grandmother and the lawyers rather than the protection system in Sri Lanka.

Professor Harendra de Silva, MBBS (Cey), FRCP (Lond & Edin), FRCPCH (UK), FCGP (Cey), FSLCP (SL), FCCP (Cey), MSc (Birm), DCH (Cey), FCPS (Pak)

Chairman National Child Protection Authority of Sri Lanka

Professor of Paediatrics, Ragma